Lowell Claim form - old CAT 'debt'***Claim Discontinued***

[hellsbelle]

Sorry my apologies ^ as above is correct, I meant I used a template but altered dates etc.

[AndyOrch]

Sorry my apologies ^ as above is correct, I meant I used a template but altered dates etc.

 

[hellsbelle]

Morning guys;

I have my meeting tomorrow *eek*

 

Just wanted to triple check what I need to take.

 

I've got a copy of my defence,

I have all the documentation I've been sent from lowell (although not sure I need that at this point?)

is there anything else I need to bring along?

 

 

Do I need to bring an income/outgoings print off to show that I can't realistically pay lowell what they wanted or is that also something that isn't needed at the moment?

 

I'm so scared

I'll just be judged on having a low income and having not paid this and taken things so far.

Absolutely dreading it and what to say etc.

Thanks for all the help and replies so far though it has been much appreciated.

[AndyOrch]

Its not a trial...its to set directions......take your defence and CPR/CCA requests and a copy of the claim form.

[dx100uk]

its an informal meeting

sit down talk

 

 

noting will be decided

no you don't reveal any of your pers fin info

they have still to disclose all the required paperwork.

 

 

dx

[hellsbelle]

Ok thanks guys will post again once I've had my meeting and let you know how it went.

[dx100uk]

wheres all the correct and enforceable paperwork you must legally hold to enable you to win a claim you fleecers.

[hellsbelle]

wheres all the correct and enforceable paperwork you must legally hold to enable you to win a claim you fleecers.

 

Going back to post 61 again, is the default notice not the letter that introduces lowell and says they now own the debt? As this was a separate letter to the notice of assignment. Just wanted to double check.

Just going over everything before my appointment this afternoon.

[dx100uk]

no those are Notice of assignment letters

they'll need a copy of the default notice issued by the CAT company before they sold the debt.

which they specifically ref in their POC:

 

 

defendant failed to maintain required payments and default notice was served and not complied with

[Old Cogger]

shop direct default notices = been defective it seems from years ago not enough time allowed so check one if you get it for issue date and date to correct?

[hellsbelle]

Ok good good, all the documentation they've sent to me since requesting the info is what was posted in #61 so no default notice.

Just re reading all my paperwork, all the different dates make your head spin.

 

Lowell claim to have bought the debt on 15/05/15 (notice of assignment)

Shop direct say it was sold to them on 18/05/2015

Account opened in 2009 yet credit agreement is dated 01/2010.

 

Do I just keep quiet with regards to the account,

my personal info during this meeting, ,

just wondering what to say if I'm asked why mediation failed and what paperwork was missing etc

[AndyOrch]

Just state the mediator said it was not suitable for mediation...missing default notice.....different assignment dates...different account opening dates..although you have not confirmed when in 2009 it was allegedly opened?

[hellsbelle]

On the print out lowell sent me which was requested from shop direct it states my account was opened 24/03/2009 (this is the print out showing some of my orders etc too) , yet my credit agreement that Lowell sent me which has my typed name, ticked box states 01/2010, my credit report online also corroborates the 2009 open date.

 

No idea why Lowell state the debt was sold on 15/05 when the print out shop direct sent to them states 18/05.

[AndyOrch]

Excellent well raise that the agreement they have disclosed is not correct...as the date of inception is wrong.

[hellsbelle]

I've tried to look at old emails to see when my account was opened but as it was so long ago I can't seem to find any.

 

 

I also can't remember when or what my first order would have been...

.just wondering if they've somehow got the date of 01/2010 as my first possible order?

 

 

Is odd though since noddle/shop direct both state 2009 was my opening date.

Hopefully no DN and differing dates of the debt being sold will help though.

[AndyOrch]

Then show the proof as per noddle/shop direct that the agreement cannot be dated 01/2010...once you place doubt with the Judge the onus is on the claimant to prove otherwise.

[hellsbelle]

*UPDATE* so my meeting was actually rescheduled for later on today but I've just this second had a letter through the post from Lowell solicitors saying they have discontinued the claim!?

[AndyOrch]

They took their time.......

 

Well done hells...thread title amended to reflect the outcome.

 

Regards

 

Andy

[dx100uk]

well done

[hellsbelle]

I didn't see that one coming at all! I'm shocked!

Once again a huge huge thank you to everyone that has helped me out with this claim, talk about a stroke of luck, I was ready to leave with all my paperwork dreading what the outcome might have been.